
Work with a fully executed contract and amendments. A fully executed contract is key to providing a successful closing. Make sure to specify a set closing date and that all parties have their names on the contract. Legible contracts must be sent to avoid mistakes.
Make sure to advise the title company of all your broker’s fees in advance. This includes transaction fees and commission structure.
Is the property for sale part of an estate or in probate? If an owner on a title of the property being sold is deceased, we will need a legible copy of the death certificate or probate documents in order to close. If the probate process (the execution of the will) has not occurred, we can refer you (the seller) to a competent Probate Attorney in your area who can expedite the process.
Know the marital status of all buyers and sellers. Marital status is very important in the conveyance of property in Florida. Please note there is no legal separation in Florida – only married or single status. Divorced persons claiming single status MUST provide copies of court-stamped divorce settlement papers. Even parties who were married and have not seen each other in 20 years have a legal interest in the other person’s real property and they must appear on the deed and sign the mortgages, Claiming incorrect marital status can be considered mortgage fraud even if buyers are unaware of the law.
Is the property for sale owned by a corporation? If so, obtain a copy of a corporate resolution identifying which individual is authorized to sign the contract and closing documents. For limited liability companies we will need a legible copy of the operating agreement. This agreement must show who is designated/authorized to sign on behalf of the company.
Is the property being purchased by a corporation? If so, obtain a copy of a corporate resolution identifying which individual is authorized to sign the contract and closing documents. For limited liability companies we will need a legible copy of the operating agreement. This agreement must show who is designated/authorized to sign on behalf of the company.
Avoid Surprises. Let your buyers and sellers know in advance what their buying expenses are likely to be. We will prepare preliminary settlement statements as soon as the information is received from the lender.
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